Referendum Act, 1942

Application of the Prevention of Electoral Abuses Act, 1923.

29.—(1) The following portions of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), shall apply and have effect in relation to every referendum, that is to say:—

(a) Part I, except section 7;

(b) in Part II, sections 9, 10, 13, and 15;

(c) in Part III, sections 25 and 26;

(d) in Part VIII, sections 44, 45, 46, 49, 52, 53, and 56.

(2) For the purpose of the application of the said portions of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), to a referendum in pursuance of the foregoing sub-section of this section—

(a) the word “election” wherever it is used without qualification in the said portions of the said Act shall be construed and have effect as including a referendum;

(b) the expression “Dáil election” and the expression “Dáil or Seanad election”, wherever they respectively occur in the said portions of the said Act, shall be construed as including a referendum;

(c) all references in the said portions of the said Act to candidates shall be disregarded;

(d) in sub-sections (2) and (3) of section 2 of the said Act, the words “the return of any person to serve in the Oireachtas or” shall be disregarded;

(e) in sub-section (3) of section 10 of the said Act, the question “Have you already voted at this referendum?” shall be substituted for the question mentioned in that sub-section;

(f) in sections 25 and 26 of the said Act, the expression “personating agent” shall be construed as meaning a personation agent appointed under this Act;

(g) in section 46 of the said Act, the expression “returning officer” shall be construed and have effect as including both the referendum returning officer and a local returning officer;

(h) in section 52 of the said Act, the words “proceedings are held before an election court” shall be construed as meaning the trial before the High Court of a referendum petition, and the words “the report of such court” shall be construed as meaning the final order of the High Court on such trial.

(3) There shall be included in every corrupt and illegal practices list prepared in pursuance of section 43 of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923), the names and descriptions of all persons who are convicted by any court of a corrupt or illegal practice within the meaning of the said Act at a referendum.